The following are the T&C you must agree to when you register for a Wheel Kids program.
- RULES: I, and any and all of my participating children, agree to abide by all Wheel Kids rules and policies (the “Rules”). Failure to abide by these Rules may result in dismissal from participation in any Events at any time without any entitlement to refund. These Rules may be found on our website and are hereby incorporated by reference. By signing below, I acknowledge I have read the Rules and agree to their terms.
- EXPRESS ASSUMPTION OF RISK AND HOLD HARMLESS AGREEMENT: I, individually and on behalf of any of my participating children, do acknowledge and recognize that Wheel Kids activities, including but not limited to operating or riding a bicycle, are potentially hazardous and high risk activities that may require strenuous exercise. I understand that participation in these events and activities may expose my child to the inherent risk of injury, death, and or property damage. I fully understand that Wheel Kids may take my participating children on bicycle routes and paths that could expose my child to automobile and foot traffic that could result in accidents and injuries, and I acknowledge that these risks of injury or death to my child cannot be removed or eliminated with respect to the activities and events. I represent that to the best of my knowledge, my participating children have no medical, physical and/or emotional health condition that could hinder or prevent her/his active participation in the activities or events in any way whatsoever. I, individually and on behalf of my spouse and participating children, acknowledge, understand and accept the risks of bodily and property injury related to the Events. I, INDIVIDUALLY AND ON BEHALF OF MY SPOUSE AND PARTICIPATING MINOR CHILDREN, DO KNOWINGLY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, AND HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WHEEL KIDS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OWNERS OF PROPERTY USED OR LEASED BY WHEEL KIDS AND ANY OF ITS REPRESENTATIVES OR AGENTS (COLLECTIVELY, THE “WK AFFILIATES”), FROM AND AGAINST ALL LIABILITIES, DEMANDS, CLAIMS, COSTS, LOSSES, DAMAGES, RECOVERIES, EXPENSES OR SETTLEMENTS, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY (INCLUDING, BUT NOT LIMITED TO, DAMAGE TO THE BICYCLE AND OR EQUIPMENT I PROVIDE TO MY CHILDREN FOR USE IN THE EVENTS) ASSOCIATED WITH THE PRESENCE OR PARTICIPATION OF MY CHILDREN IN THE EVENTS, AND ARISING FROM ANY ACTION OR OMISSION OF WHEEL KIDS AND/OR WK AFFILIATES, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF WHEEL KIDS AND/OR WK AFFILIATES, AND WHETHER OR NOT DUE TO (A) USE OF ANY WHEEL KIDS FACILITIES OR EQUIPMENT, WHETHER OR NOT SUCH FACILITIES AND EQUIPMENT MAY BE IMPROPERLY MAINTAINED OR MAY MALFUNCTION OR BREAK, (B) IMPROPER MAINTENANCE, OR (C) WHEEL KIDS’ INSTRUCTION OR SUPERVISION.
- INSURANCE: In case of emergency I hereby give permission to any medical personnel selected by Wheel Kids staff to secure treatment of my child. I understand and agree that my child must have health/medical and property insurance in effect throughout his/her participation in the Event, and that this insurance is primary. I acknowledge that Wheel Kids has not obtained insurance that would provide coverage to me or my child in the event of injury or property damage of any kind while participating in the Event.
- LIMITATION OF LIABILITY, SMALL CLAIMS, ARBITRATION: Notwithstanding any other provision hereof, neither Wheel Kids nor any WK Affiliate shall be liable for any loss, damage, or liability incurred by me or my children in connection with participation by my children in the Events, whether due to the negligence of Wheel Kids or WK Affiliates or otherwise, unless said claim is solely caused by Wheel Kids or WK Affiliates’ gross negligence or willful misconduct. IN NO EVENT WILL WHEEL KIDS OR ANY WK AFFILIATE BE LIABLE FOR ANY FORM OF SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (WHETHER OR NOT FORESEEABLE), EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Wheel Kids’ liability exceed the amount paid to Wheel Kids for participation by my child in the Event, irrespective of the cause of the loss, damage or liability. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Participant Agreement, and or the participation of my children in any Wheel Kids Events of $5,000 or less (hereafter referred to as a “Controversy”) shall be resolved in the small claims court in the City and County of San Francisco, California. In the event of any Controversy in excess of $5,000, said dispute will be resolved by way of binding arbitration pursuant to the terms of the Rules, which are hereby incorporated by reference.
- HELMET RULES: I understand that California State Law (CVC 21212) requires that children must wear an approved helmet at all times while riding a bicycle. Wheel Kids DOES NOT PERMIT the use of helmets with decorative 3-D features (e.g., “mohawks,” ears, fins, etc.). Cameras, lights and similar equipment attached to helmets are used at my or my child’s own risk. Wheel Kids reserves the right to prohibit participation in any Event any registrant whose helmet does not appear to be in compliance with this law or policy or is in any way deficient, and there will be no entitlement to refund or credit. I assume full responsibility for providing my child with a helmet that corresponds with CVC and Wheel Kids requirements; if Wheel Kids personnel determine that my child’s helmet is not in compliance with the CVC or Wheel Kids policy or is in any way deficient, I authorize Wheel Kids to provide a new helmet for my child for which I will reimburse Wheel Kids the full purchase price plus a $20 convenience fee within five business days. Wheel Kids will incur no liability if it does not provide a helmet pursuant to this Section or if my child’s helmet does not comply with applicable law.
- IMAGES: I do hereby give permission to Wheel Kids Bicycle Club, Inc. to use photographs or photographic images or video in any official Wheel Kids business, including, but not limited to: Wheel Kids websites, newsletters, advertising materials, postcards, social media, and other related media and marketing materials. It is agreed that the use of photograph or photographic image or video shall in no way be used in any other forum other than official Wheel Kids business purposes, and that this shall be done without compensation to me or my child.
- ACKNOWLEDGEMENT OF UNDERSTANDING: I have read this Participant Agreement including the Wheel Kids Rules and the Express Assumption of Risk and Hold Harmless Agreement, fully understand all terms and provisions of the Agreement, and understand that I am giving up substantial rights, including the right to a jury in the event of any dispute. I acknowledge that I am agreeing to this Participant Agreement freely and voluntarily, and intend my registration to indicate a complete and unconditional release of liability to the greatest extent allowed by law. I have read and agree to all the terms and conditions set forth above.